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MATERIALS. Everything of which anything is made.
     2. When materials are furnished to a workman he is bound to use them according to his contract, as a tailor is bound to employ the cloth I furnish him with, to make me a coat that shall fit me, for if he so make it that I cannot wear it, it is not a proper employment of the materials. But if the undertaker use ordinary skill and care, he will not be responsible, although the materials may be injured; as, if a gem be delivered to a jeweler, and it is broken without any unskillfulness, negligence or rashness of the artisan, he will not be liable. Poth. Louage, n. 428.
     3. The workman is to use ordinary diligence in the care of the materials entrusted with him, or to exercise that caution which a prudent man takes of his own affairs, and he is also bound to preserve them from any unexpected danger to which they may be exposed. 1 Gow. R. 30; 1 Camp. 138.
     4. When there is no special contract between the parties, and the materials perish while in the possession of the workman or undertaker, without his default, either by inevitable casualty, by internal defect, by superior force, by robbery or by any peril not guarded against by ordinary diligence, he is not responsible. This is the case only when the material belongs to the employer and the workman only undertakes to put his work upon it. But a distinction must be observed in the case when the employer has engaged a workman to make him an article out of his own materials, for in that case the employer has no property in it, until the work be completed, and the article be delivered to him; if, in the mean time, the thing perishes, it is the loss of the workman, who is wholly its owner, according to the maxim res perit domino. In the former case the employer is the owner; in the latter the workman; in the first case it is a bailment, in the second a sale of the thing in futuro. Domat. B. 1, t. 4, Sec. 7, n. 3; Id. B. 1, t. 4, Sec. 8, n. 10.
     5. Another distinction must be made in the case when the thing given by the employer was to become the property of the workman, and an article was to be made out of similar materials, and before its completion it perished. In this case the title to the thing having passed to the workman, the loss must be his. 1 Blackf. 353; 7 Cowen, 752, 756, note; 21 Wend. 85; 3 Mason, 478; Dig. 19, 2, 31; 1 Bouv. Inst. 1006-7.
     6. In some of the states by their laws persons who furnish materials for the construction of a building, have a lien against such building for the payment of the value of such materials. See Lien of Mechanics.

References in periodicals archive ?
If specks appear in your product, first examine statistically representative samples of the raw material closely to be sure it isn't the source.
There is more capital investment in land and equipment and potentially less revenues from the reused materials component of the operation.
Fillers proportioning systems should be designed so as to minimize any material degradation and should, if possible, and equipment permitting, introduce materials directly into the mixing chamber via one of the side or rear entries of the hopper section of the mixer.
For multiple materials recyclers, it should be noted that some new balers are equipped with computers that will allow the operator to change materials to be baled on the fly, quickly changing to the baler set-up most suited for that particular material.
One of the concerns is with the impact resistance of materials at low temperatures for auto interior applications; this material proved able to handle the demands at -35[degrees]C (as well as deal with heat at +85[degrees]C).
If we don't understand the interactions at the molecular level, we will not be able to develop new products or materials with new properties," he explains.
It was a remarkable irony that Pugin and his Neo-Gothic followers, who believed so passionately in truth to materials and trying to get back to the ideal of the free medieval craftsman, so often designed in a way that gave builders much less freedom than they had in Neo-Classical times.
These improvements can be accomplished by utilizing more advanced impression trays and new types of impression materials and mixing systems.
Characteristically, soil is a very complex system composed of certain quantities of solid, liquid, and gaseous materials.
Again for back-up purposes, put a copy of these materials in the archival storage.
It has only been in the modern era, Kibert says, when landfill space has been plentiful and raw materials cheap, that demolition--knocking down structures without regard for reusing the components--has become the rule.
In this system each standard is individually prepared, with no materials other than the embedding medium, to prevent cross contamination that occurs when preparing materials of differing hardness.

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